Legal Briefs on June 20, 2018

posted by Jeffrey Kaufman -
Jun 25, 2018

Legal Briefs on June 20, 2018

Here is a link to the show Legal Briefs if you didn’t get a chance to hear it.

Question: Matt Morgan is representing three people who were hurt in last week’s rollercoaster derailment in Daytona Beach. He stated his clients’ lives have changed forever as a direct result of what happened last week. The individuals being sued include the ride operator, the manufacturer, and the owner. Morgan said he does not expect to sue the state agency responsible for inspecting the ride. The state agency inspected the ride just hours before the derailment. Don’t they have some responsibility in this accident?

Answer: Yes, they might have responsibility. In the state of Florida, if you want to sue somebody like a police officer, an inspector, a state entity, you wait to file suit 6 months after notice. Matt can’t sue them immediately. He has to wait 6 months and this most likely is the reason they are not going to sue them at this time.

Question: What are my legal rights regarding backyard shooting ranges? I live in a gated neighborhood and my neighbor shoots his gun on a regular basis. I can no longer enjoy my property in fear of a stray bullet. I am fearful for my children and my personal safety and we no longer go outside. Is my only option to move?

Answer: Someone can build a range in their backyard. However, you have noise, pollution, and safety issues. If he is not in compliance with these things you can file a suit against him. If he was doing these things before you moved to the area, you are less protected.

Answer: If you have a child that receives more than $15,000 you must go to court and apply for a guardianship. This is the reason why you would need to hire an attorney. It is a separate issue and is not part of your personal injury case. Normally, it costs around $2,000-$6,000 to get done.